125 Iowa 749 | Iowa | 1904
2. search description of place. The objection interposed was that the description in the search warrant was not sufficiently definite to meet the requirement of section 5550 of the Code and section 8 of artic^e ^ Constitution, exacting that the place “ particularly described.” It was designated affidavit “ the dwelling house or outbuildings of said C. R. Moore situated in Bloomfield Township in said county in which the said Moorei so resides with his family,” and was entitled as in Winneshiek county, State of Iowa. The warrant was entitled the same as the affidavit, and commanded immediate search “ on the person of or the dwelling house and barn or other out-building of the said O'. R. Moore in section 2, township 96, range 7, for the following property; about ten bushels corn and three or four sacks oats.” The place to be searched, then, was his dwelling and outbuildings, and these were located by the affidavit in the township, and by the warrant on a particular section. The dwelling house of a man is the house in which he. dwells. He may or may not own it. He may own others and rent them, but no one would construe one of these to be intended by a search warrant commanding a search of his dwelling house. Moreover, the evidence showed that he had no other residence in the township. The warrant, then, described the place with such particularity that it could not have been mistaken. A description which points out or identifies the place to be searched with such reasonable certainty as will obviate any mistake in locating it' is all the Constitution or statute requires.' Thus, in State v. Thompson, 44 Iowa, 399, the place was designated in the warrant as “ premises at Strawberry Point in Clayton county, Iowa, known as Clark Thompson’s saloon,” and was unhesitatingly held sufficient. In Metcalf v. Weed, 66 N. H. 176 (19 Atl. Rep. 1091), the
II. The sixth paragraph of the charge was not open to the criticism that it authorized conviction in the absence of knowledge on defendant’s part that the constable had a warrant. Had a more specific instruction been desired, it should have been requested.